Another day, another failed lawsuit
Friday, Jun 6, 2025 - Posted by Rich Miller
* McHenry County Blog…
Algonquin Republican Precinct Committeeperson Britanny Colatorti filed suit to prevent the appoitment of Darby Hills to replace Dan McConchie as State Senator. She is the wife of Tony Colatorti, who was defeated in the 2022 Republican Primary Election by Robb Tadelman.
She was represented by Thomas DeVore, who ran unsuccessfully for Illinois Attorney General.
Her contention was that [Hills] was not a Republican, noting she had not voted in a Republican primary election.
Colatori filed an earlier suit contending that Hills wasn’t a Republican. She also claimed she wasn’t allowed to apply for the appointment. She and apparently her attorney then worked out an agreed order and she withdrew her request for a TRO. The local party chair appointed Hills to a vacant precinct committeeperson slot and then Hills was appointed. Colatori didn’t submit an application for the appointment, according to Judge Kevin Costello.
* My favorite part of Judge Costello’s ruling…
Colatorti makes a second argument: that even if [Hills] was not appointed until February 28, 2025, after her appointment as a precinct committeeperson, the true meaning and intent of the Illinois Constitution and 10 ILCS 25-6 is that the proposed appointee need be a member of the same political party as the legislator to be replaced at the time of the vacancy, not at the time of the appointment.
Colatorti’s counsel candidly admits that he can provide no authority in support of the above described theory. Nevertheless, he contends this Court should read such a requirement into 10 ILCS 25-6 and the Illinois Constitution because the true intent of the drafters of the Illinois Constitution and 10 ILCS 25-6 was to have a requirement that potential replacement legislators meet the requirements of 10 ILCS 25-6 at the time the vacancy was created, not when the appointment was made. The Court declines to do so. Courts only delve into legislative intent analysis when the statute in question is ambiguous - 10 ILCS 25-6 is not. In fact, it could not be clearer. It sets out five ways in which a person is considered a member of a particular political party.
Emphasis added, because wow.
* Also…
The Court is compelled to address Colatorti’s counsel’s repeated insinuations of chicanery by Defendants in reopening the voting meeting process. Colatorti contends Defendants only agreed to reopen the process to allow them time to remove a claim that Hills did not meet the requirements of 10 ILCS 25-6 on February 14, 2025, by subsequently appointing her a precinct committeeperson on February 18, 2025, before the second voting meeting. Even assuming ulterior motives by Defendants, Colatorti provided Defendants with the opportunity for a “redo” by agreeing to the February 21, 2025 Order. Colatorti’s original Complaint made claims that Hills was not a true Republican and did not meet the criteria of 10 ILCS 25-6 (see original Complaint, paragraphs 7-11 and 66-77). Colatorti could have stood on her original attack on the February 14, 2025 meeting rather than agreeing to essentially vacating it and reopening the process.
- don the legend - Friday, Jun 6, 25 @ 1:01 pm:
DeVore/Colatorti: “Yeah, but the judge is just wrong.”
- thisjustinagain - Friday, Jun 6, 25 @ 1:15 pm:
When your lawyer can’t cite any binding cases in support of their argument, it’s not a good look in court. So is/isn’t(?) asking a judge to read into a law what wasn’t written there by any good-faith stretch.
- JS Mill - Friday, Jun 6, 25 @ 1:16 pm:
Tommy D- laughing, cajoling, losing cases, and cashing checks.
- DuPage Saint - Friday, Jun 6, 25 @ 1:16 pm:
Maybe DeVore should start having AI write his briefs, couldn’t do any worse
- Socially DIstant Watcher - Friday, Jun 6, 25 @ 1:24 pm:
==Colatorti’s counsel candidly admits that he can provide no authority in support of the above described theory.==
This is a thing among the far right. Just read the lawsuit filed yesterday about the state budget. Holes to drive trucks through.
- Proud Papa Bear - Friday, Jun 6, 25 @ 1:48 pm:
The second Republican-on-Republican fight this week. Wonder who will be next…
- Dotnonymous x - Friday, Jun 6, 25 @ 1:51 pm:
Lawyers up…suckers down…DeVore’s motto?
- H-W - Friday, Jun 6, 25 @ 2:01 pm:
And lest we forget, about 45% of voters chose this incompetent grifter to be Attorney General of Illinois.
- Just Me 2 - Friday, Jun 6, 25 @ 2:03 pm:
=== it’s not a good look in court. ===
You assume that is something he cares about with all these lawsuits. What he is craving is the PR for “sticking up for conservatives.” The dude probably wants some cushy Trump appointment or contract.
- Streator Curmudgeon - Friday, Jun 6, 25 @ 2:05 pm:
For those of you who remember 1960s Superman comics, Colatorti’s argument would have worked fine in Bizarro Illinois.
- Leatherneck - Friday, Jun 6, 25 @ 2:15 pm:
Tom DeVore. The Lyndon LaRouche of the 2020s.
- Dotnonymous x - Friday, Jun 6, 25 @ 2:32 pm:
- Maybe DeVore should start having AI write his briefs, couldn’t do any worse -
I’m not sure AI does frivolous?
- Dotnonymous x - Friday, Jun 6, 25 @ 2:34 pm:
AI therapy or Magic Eight Ball?
- fs - Friday, Jun 6, 25 @ 2:37 pm:
==Tom DeVore. The Lyndon LaRouche of the 2020s.==
Or the Lionel Hutz of the 2020’s
- Vote Quimby - Friday, Jun 6, 25 @ 3:07 pm:
I second the motion for Lionel Hutz.
- Club J - Friday, Jun 6, 25 @ 3:08 pm:
I didn’t know DeVore was still playing attorney these days. I heard he was the King of Egg Rolls.
- Excitable Boy - Friday, Jun 6, 25 @ 3:20 pm:
- Maybe DeVore should start having AI write his briefs -
I would bet good money he already has.
- System Reboot - Friday, Jun 6, 25 @ 3:30 pm:
“She was represented by Thomas DeVore” a disaster story told in 6 words
- Proud Sucker - Friday, Jun 6, 25 @ 3:41 pm:
“Or the Lionel Hutz of the 2020’s”
Lutz is at least likeable or pitiable.
- Big Tent - Friday, Jun 6, 25 @ 4:12 pm:
Devore must be slipping with his law license suspension looming.
I’ve always thought of him as a political ambulance chaser…at the risk of denigrating legitimate ambulance chasers.
- Shytown - Friday, Jun 6, 25 @ 4:21 pm:
People are still hiring DeVore?